Court : Punjab and Haryana
Decided on : May-01-1961
Reported in : AIR1962P& H347
..... sessions judge, delhi, dismissing the application of dr. vimla who wanted a decision of the court that the prosecution which has been launched against her under section 6a of the indian medical degrees act, 1916, could not proceed owing to certain inherent defects of a legal character.(2) briefly stated the case for the prosecution is that dr. vimla had held out that she possessed a ..... contention of the learned counsel that the complaint ought to have been brought by an authority other than the state government. section 7 of the indian medical degrees act, 1916 lays down that 'no court shall take cognizance of an offence punishable under this act except upon complaint made by order of the provincial government or upon complaint made, with the previous sanction of the provincial ..... of the indian medical degrees act, 1916.'no person shall add to ..... degree of m.m.s. (london) which she did not have. indeed there is no such degree as m.m.s. (london) at all. under sub-section (1) of section 6-a .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-26-1961
Reported in : AIR1962Cal20,65CWN1132
..... of its executive function. in the above case, it appeared that the state medical faculty had received statutory recognition, and the power of conferring medical degrees or diplomas had been entrusted to this body by the indian medical degrees act (act 7 of 1916). it was held that a writ in the nature of mandamus would lie against ..... appear to have any statutory force, has no application to the constitution of the managing committee of this school. it is true that a small section of the public, viz., the students and their guardians are interested as such in the school but that does not bring the office of the ..... the revised school code, correspond to the regulations framed by the syndicate of the said university. under the indian universities act (act no. viii) of 1904, section 25 (2) (provides that the senate, with the sanction of the government may from time to time make regulations consistent with the ..... the university of calcutta relates to 'recognition of schools and withdrawal thereof'. mr. dutt points out that this chapter has been set out in chapter ii of the 'handbook of information'. in my opinion, this argument is based on a misconception. the 'handbook of information' issued by the university of ..... act of incorporation to provide for all matters relating to the university. in particular, such regulations may provide for the .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-06-1961
Reported in : AIR1962Guj33; (1961)0GLR649
..... industrial dispute, no employer slially for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workman concerned in such dispute. sub-section (2) (b) of that section provides that during the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman ..... he is found guilty may be discharged from service as distinguished from being punished by way of dismissal from service is brought out in section 39 of the industrial disputes act, 1947. sub-section (l) of that section provides that during the pendency of any conciliation proceeding before a conciliation officer or a board or of any proceeding before a labour ..... under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering ..... makes a distinction between dismissal from service and removal from service.10. mr. patwari drew our attention to the provisions of the employees' state insurance act, 1948. he relied upon section 73 of that act. that section provides as under:--'no employer ' shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-30-1961
Reported in : (1962)ILLJ721Cal
..... on behalf of the retired workmen of the company 13. so as to answer the question, it is necessary for me to remind myself of the definition of 'industrial dispute' as in section 2(k) of the act:section 2(k).--'industrial dispute' means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with ..... bound to or likely to arise when the existing workmen retire. these retiring workmen will fall within the meaning of expression 'any person' as in the definition clause of workmen, section 2(k) of the industrial disputes act. i, therefore, uphold the first branch of the contention.22. the other question raised in this rule may be shortly disposed of. the issue that was ..... the assistant medical officer and that disentitled them from raising an industrial dispute on his behalf. in the instant case, however, the persons on whose behalf the dispute was raised were at one ..... case of workmen of dimakuchi tea estate 1958-i l.l.j. 500 (supra), the person on whose behalf the industrial dispute was raised by the workmen was an assistant medical officer and as such never a workman, in that context the supreme court held that workmen had no nexus of direct and substantial interest in the order of discharge of .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-21-1961
Reported in : AIR1962Bom198; (1962)64BOMLR130; ILR1961Bom63
..... the petulance in time of danger. if in the course of such performance of duty he does something which is an offence the section must apply. section 4(1) (o) and section 4(2) , make it clear that the words referring to acts done includes illegal omissions. in as much as the illegal omissions of the petitioner must necessarily arise out of the official duty ..... court was accused of two offences, one under s. 409 and another under s. 477a of the penal code. he was a sub-assistant surgeon in the punjab provincial subordinate medical service. when he was about to be transferred, a consignment of medicines was received in the hospital. he did not make the necessary entries which were to be made in ..... penal code. mr. justice bose speaking for the court cited the observations of mr. justice varadachariar in hori ram singh's case and observed:'now it is obvious that if section 197 of the code of criminal procedure is construed too narrowly it can never be applied, for of course it is no part of an official's duty to commit ..... duty as a servant of the crown, appear to them to have precisely the same connotation as the words in s. 197 sub-section (1), 'any offence alleged to have been committed by him while acting or purpoting to act in the discharge of his official duty.' it is idle to speculate why a change of language was made. but, if a temporal .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-18-1961
Reported in : 1962CriLJ537; (1962)GLR522
..... or the other, the prosecution fails to produce such evidence before him, the only alternative left to the learned magistrate would be to act under sub-section (11) of that section, in cases where a charge has already been framed, and to make an order to the effect that he finds the accused not ..... and all the prosecution witnesses were re-summoned and re-heard and the case was then adjourned to september 18, 1945, for the examination et the medical witness, who was the only remaining prosecution witness. on the adjourned date, the complainant was absent when called out and thereupon the learned magistrate discharged ..... . as no prosecution witnesses were thus present, the learned magistrate, it would appear, was obliged to adjourn the matter to the 20th july 1960.2. the endorsement in the roznama under the date 8th of july 19b0 shows that the learned magistrate directed that the two prosecution witnesses, kali and sukha ..... that being the adjourned date, and when the case was called out, accused no. 1 was kept present having been brought from the jail, appellant 2 as present, no witnesses for the prosecution were kept present and the summonses which were issued against bai kali and sukha rayla were found to have ..... the 18th june i960 calling upon the two accused to remain present. a vas arrested, w.s prdanced before the court, whereas accused no. 2 remained present with not surety. the case was then adjourned to the 22nd june 1960, when copies of the papers relied upon by the prosecution .....Tag this Judgment!
Court : Kerala
Decided on : Dec-07-1961
Reported in : AIR1962Ker220; (1962)IILLJ169Ker
..... the constitution, relates to the construction to be placed on the proviso to sub-section (2) of section 33 of the industrial disputes act, 1947.2. the management, who is the petitioner herein, charge sheeted the second respondent, for certain acts of misconduct stated to have been committed by him. according to the management, a ..... some point of time or some event upon the arrival or occurrence of which what precedes will cease to exist.' 39. based upon the definition of the expression 'unless' the learned counsel urged that the proviso can be very naturally construed to mean that a workman shall not be discharged ..... explanation offered by the second respondent as to the circumstances under which he made the claim to the management for payment of medical charges. therefore, so far as the finding of fact arrived at by the tribunal that the management has made out a prima facie ..... due consideration to the evidence adduced by the second respondent regarding the circumstances under which he made the claim to the management for payment of medical charges. i am not impressed with this contention of the learned counsel. i am satisfied that the tribunal has given due consideration to the ..... this claim reference was made to the doctor, who had issued the bill and it came out in evidence that the petitioner has actually incurred medical expenses only in the sum of rs. 18/-. after framing the necessary charges, and conducting an inquiry, in which the second respondent was given .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-25-1961
Reported in : 1961CriLJ43
..... accused just prior thereto. after detailing the arguments on either side the learned judges concluded:thus we have no evidence pointing to that kind and degree of mental unsoundness at the time of the act as required by section 84, i.p.c.; but on the defective material adduced, it would have been in my opinion, an unsatisfactory conclusion either way....in a ..... the criminal procedure code he professed ignorance of everything.5. on behalf of the defence, in support of the plea of unsoundness of mind three witnesses were examined, two of them being, medical men. the first witness-mahavir singh was the district civil surgeon and superintendent of the mental hospital. he spoke of having treated the accused in august 1952 as a private ..... and that he is therefore, not guilty of the offence of murder with which he is charged under section 302, penal code and i direct that the said accused be acquitted. the learned judge had definitely found that the accused knew the nature of the act he was doing, a finding which as we shall presently point out, was concurred in by the ..... of unsound mind at the time of the commission of the crime and so was entitled to an acquittal under section 84 of the indian penal code.2. there is very little dispute about the facts or even about the construction of section 84 of the code because both the learned sessions judge as well as the learned judges of the high court .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-25-1961
Reported in : AIR1961SC998; 3SCR583
..... side the learned judges concluded : 'thus we have no evidence pointing to that kind and degree of mental unsoundness at the time of the act as required by section 84 of the i.p.c.; but on the defective material adduced, it would have been in my opinion, an ..... observation made on the respondent immediately after the 29th september, 1954.' 11. they proceeded to point out that there was no observation by medical experts soon after the act to enable in inference to be drawn as to the mental condition of the accused just prior thereto. after detailing the arguments on either ..... ignorance of everything. 6. on behalf of the defence, in support of the plea of unsoundness of mind three witnesses were examined, two of them being medical men. the first witness - mahavir singh was the district civil surgeon and superintendent of the mental hospital. he spoke of having treated the accused in ..... unsound mind at the time of the commission of the crime and so was entitled to an acquittal under s. 84 of the indian penal code. 2. there is very little dispute about the facts or even about the construction of s. 84 of the code because both the learned sessions judge ..... not guilty of the offence of murder with which he is charged under section 302, indian penal code and i direct that the said accused be acquitted.' 9. the learned judge had definitely found that the accused knew the nature of the act he was doing, a finding which as we shall presently point out, .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-08-1961
Reported in : AIR1962Bom229; (1962)64BOMLR303; ILR1962Bom472
..... the preparation called 'angurasava' is a medicinal preparation such as is exempted under sub-section (2) of s. 24a of the act. on the question as to whether the preparation is medicinal preparation, the learned assistant government pleader relies more on the certificate of the principal of the podar medical college, than on the certificate issued by the chemical analyser. we are afraid, we ..... and smell of the samples supplied is not identical with the colour and small of fermented ayurvedic preparation like, assay and arishta. hence it is very difficult to give any definite opinion in the matter.'(3) mr. rane, who appears on behalf of the state, contends that the certificate of the chemical analyser establishes that the bottles which were seized from ..... prohibition act. the defence of the respondent was that he owns a manufactory which produces 'augurasava' - a medicinal preparation containing ayurvedic ingredients ..... taken from the barrels and the boxes were sent for analysis to the chemical analyser and to the principal, podar medical college, bombay. as the report of the chemical analyser showed that three out of four samples contained alcohol in varying degrees, the respondent and two others were charged of offences under s. 65(f), 66(b), 83(1) of the bombay .....Tag this Judgment!